Murder Conviction Overturned
Posted By
Editor on Mar 9, 2010 9:24pm PST
In 2007 Marvin V. Smith, a wealthy liquor store owner from Cypress California, was convicted of killing his wife. At the
time it was believed that he killed his wife and staged an elaborate robbery scene to make it look like she was killed in the process of that act.
During the trial it came out that Smith had several affairs and that he gained several million dollars from his wife's death. He also reported that over $200,000 in jewels had been stolen, those jewels were later found in the truck of a car he kept in a garage in a LA. The box that held the jewels was wrapped in the same duct tape that bound the victims limbs.
Today a three-justice panel found that Superior Court Judge Dan McNerney made errors that violated Smith's right to a fair trial.
"On appeal, Smith asserts several claims of evidentiary and instructional error," wrote Acting Presiding Justice William F. Rylaarsdam. "We agree. . . "
The panel also said that jurors had serious doubts about the case being that they asked to be able to review evidence concerning the supposition that Smith would have been unable to commit the crime because of shoulder surgery he'd undergone in the weeks prior to the incident.
He will now get a new trial and seems confident things will go his way.
This is the type of tenacity Los Angeles Defense Attorney Robert Helfend is known for. Although the goal, and often outcome, of his cases is always to see his clients walk free from their first trial. He will continue to appeal and use his legal expertise to continue to fight for you even after a less than favorable conviction. Contact him for your free consultation today.